Punjab-Haryana High Court
Subhash Jain And Another vs State Of Punjab And Others on 2 September, 2011
Author: Ajai Lamba
Bench: Ajai Lamba
CRM No.M-50537 of 2006(O & M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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CRM No.M-50537 of 2006(O & M)
Date of decision : 2.9.2011
Subhash Jain and another ........Petitioners
Vs.
State of Punjab and others ......Respondents
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
Present:- Mr.Vikas Sagar, Advocate, for the petitioners
Mr.Manoj Bajaj, Addl.AG, Punjab
Mr. Muish Puri, Advocate, for the complainant
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AJAI LAMBA, J (Oral) :
This petition has been filed under Section 482 of Criminal Procedure Code, 1973 for quashing of FIR No.7 dated 11.1.2006 under Section 420 of the Indian Penal Code, registered at Police Station Division No.4, Ludhiana, placed on record as Annexure P-1.
Learned counsel appearing for the petitioners and respondent No.4 contend that there has been a subsequent development in so much as the disputes between the petitioners and respondent No.4 have been resolved by way of compromise. Krishan Lal-complainant has furnished his affidavit today in Court and taken on record. Krishan Lal is present in Court as identified by his lawyer Mr. Munish Puri and states that he has received the amount due from the petitioners and therefore, does not want to prosecute the petitioners.
A Full Bench of this Court in the case of 'Kulwinder Singh v. State of Punjab, 2007 (3) RCR (Crl.) 1052', has considered the issue CRM No.M-50537 of 2006(O & M) -2- whether the High court has the power under Section 482 Cr.P.C. to quash the criminal proceedings or allow the compounding of the offences in the event of the parties entering into a compromise in the cases which have been specified as non-compoundable offences and in particular, in view of the provisions of Section 320 Cr.P.C. The relevant portion of the judgment for the purpose of this case is contained in paras no. 24, 27, 28, 29 and 30 which reads as under:-
"24. While parting with this part, it appears necessary to add that the settlement or compromise must satisfy the conscience of the court. The settlement must be just and fair besides being free from the undue pressure, the court must examine the cases of weaker and vulnerable victims with necessary caution...........
27. The power to do complete justice is the very essence of every judicial justice dispensation system. It cannot be diluted by distorted perceptions and is not a slave to anything, except to the caution and circumspection, the standards of which the Court sets before it, in exercise of such plenary and unfettered power inherently vested in it while donning the cloak of compassion to achieve the ends of justice. No embargo, be in the shape of Section 320 (9) of the Cr.P.C., or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C.
28. The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. It is the soul of justice and if the power under Section 482 of the Cr.P.C. is used to enhance such a compromise which, in turn, enhances the social amity and reduces friction, then it truly is "finest hour of justice". Disputes which have their genesis in a matrimonial discord, landlord-tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under CRM No.M-50537 of 2006(O & M) -3- Section 482 of the Cr.P.C. in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any such rigid rule to prescribe the exercise of such power, especially in the absence of any premonitions to forecast and predict eventualities which the cause of justice may throw up during the course of a litigation.
29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in non-compoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.
30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. This Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever-lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote CRM No.M-50537 of 2006(O & M) -4- savagery."
Learned State counsel states that because the parties have entered into a compromise, the petition for quashing of FIR is not opposed.
In view of the law laid down in Kulwinder Singh's case (supra) and in view of the fact that complainant Krishan Lal is not ready and willing to bring evidence to Court so as to prosecute the petitioners as all the disputes have been settled by way of compromise, it would be an exercise in futility if the proceedings are allowed to continue.
In view of above, this petition is allowed. FIR No.7 dated 11.1.2006 under Section 420 of the Indian Penal Code, registered at Police Station Division No.4, Ludhiana and subsequent proceedings are hereby quashed.
(AJAI LAMBA) JUDGE 2.9.2011 akm